Eastern Caribbean Supreme Court
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The Eastern Caribbean Supreme Court (ECSC) is a
superior Superior may refer to: *Superior (hierarchy), something which is higher in a hierarchical structure of any kind Places *Superior (proposed U.S. state), an unsuccessful proposal for the Upper Peninsula of Michigan to form a separate state *Lake ...
court of record A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record ...
for the Organisation of Eastern Caribbean States (OECS), including six independent states:
Antigua and Barbuda Antigua and Barbuda (, ) is a sovereign country in the West Indies. It lies at the juncture of the Caribbean Sea and the Atlantic Ocean in the Leeward Islands part of the Lesser Antilles, at 17°N latitude. The country consists of two majo ...
, the
Commonwealth of Dominica Dominica ( or ; Kalinago: ; french: Dominique; Dominican Creole French: ), officially the Commonwealth of Dominica, is an island country in the Caribbean. The capital, Roseau, is located on the western side of the island. It is geographically ...
,
Grenada Grenada ( ; Grenadian Creole French: ) is an island country in the West Indies in the Caribbean Sea at the southern end of the Grenadines island chain. Grenada consists of the island of Grenada itself, two smaller islands, Carriacou and Pet ...
,
Saint Kitts and Nevis Saint Kitts and Nevis (), officially the Federation of Saint Christopher and Nevis, is an island country and microstate consisting of the two islands of Saint Kitts and Nevis, both located in the West Indies, in the Leeward Islands chain ...
,
Saint Lucia Saint Lucia ( acf, Sent Lisi, french: Sainte-Lucie) is an island country of the West Indies in the eastern Caribbean. The island was previously called Iouanalao and later Hewanorra, names given by the native Arawaks and Caribs, two Ameri ...
,
Saint Vincent and the Grenadines Saint Vincent and the Grenadines () is an island country in the Caribbean. It is located in the southeast Windward Islands of the Lesser Antilles, which lie in the West Indies at the southern end of the eastern border of the Caribbean Se ...
and three
British Overseas Territories The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former Bri ...
(
Anguilla Anguilla ( ) is a British Overseas Territory in the Caribbean. It is one of the most northerly of the Leeward Islands in the Lesser Antilles, lying east of Puerto Rico and the Virgin Islands and directly north of Saint Martin. The terr ...
,
British Virgin Islands ) , anthem = "God Save the King" , song_type = Territorial song , song = "Oh, Beautiful Virgin Islands" , image_map = File:British Virgin Islands on the globe (Americas centered).svg , map_caption = , mapsize = 290px , image_map2 = Brit ...
, and
Montserrat Montserrat ( ) is a British Overseas Territory in the Caribbean. It is part of the Leeward Islands, the northern portion of the Lesser Antilles chain of the West Indies. Montserrat is about long and wide, with roughly of coastline. It is n ...
). It has unlimited jurisdiction in each member State.


History

The ECSC was established in 1967 by the
West Indies Associated States West Indies Associated States was the collective name for a number of islands in the Eastern Caribbean whose status changed from being British colonies to states in free association with the United Kingdom in 1967. These states were Antigua, Do ...
Supreme Court Order No. 223 of 1967. In relation to Grenada, the Court is styled "the Supreme Court of Grenada and the West Indies Associated States". See section 105 of the Grenada Constitution.


Functions

The functions of the ECSC are as follows: * To interpret and apply the laws of the various member states of the OECS; * To decide cases of both civil and criminal matters; * To hear
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
s.


Appeals from the ECSC

Appeals from the ECSC can be lodged in defined cases to the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
(in cases from Antigua and Barbuda, Grenada, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Anguilla, British Virgin Islands, and Montserrat) or the Caribbean Court of Justice in
Trinidad and Tobago Trinidad and Tobago (, ), officially the Republic of Trinidad and Tobago, is the southernmost island country in the Caribbean. Consisting of the main islands Trinidad and Tobago, and numerous much smaller islands, it is situated south of ...
(for cases from Dominica).


Composition


Judges

To be a judge or master of the Eastern Caribbean Supreme Court, a person must have served as a judge in a
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
jurisdiction or be qualified to act as a lawyer in a Commonwealth jurisdiction. An appointee does not need to be a national, judge, or lawyer of a country within the jurisdiction of the Court. The Chief Justice is appointed by the
King of the United Kingdom The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiw ...
by
Letters Patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, tit ...
as advised by the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
. Other judges are appointed on behalf of the King by the Judicial and Legal Services Commission. High Court Judges and Masters are assigned to reside in and hear cases from a specific member state. It is common for judges to be asked to work in countries other than their home state. Judges are only occasionally assigned to reside in
Montserrat Montserrat ( ) is a British Overseas Territory in the Caribbean. It is part of the Leeward Islands, the northern portion of the Lesser Antilles chain of the West Indies. Montserrat is about long and wide, with roughly of coastline. It is n ...
and
Anguilla Anguilla ( ) is a British Overseas Territory in the Caribbean. It is one of the most northerly of the Leeward Islands in the Lesser Antilles, lying east of Puerto Rico and the Virgin Islands and directly north of Saint Martin. The terr ...
—because of the small population of these countries, judges from the other jurisdictions hear cases that arise from these two jurisdictions. The Court of Appeal is itinerant and travels to the various countries to hear appeals. Judges have life tenure but Justices of Appeal must retire when they are 65 and High Court Judges must retire when they are 62. Extensions of up to three years may be granted by the Judicial and Legal Services Commission only if all of the states agree to such an extension.


Current composition


High Court Judges

; *Ermin Moise ; *Nicola Petra Byer *Ann-Marie Smith *Marissa Robertson *Colin Williams *Jan Drysdale ; *Wynante Adrien-Roberts *Jacqueline Josiah-Graham ; *Paula Gilford *Victoria Charles-Clarke *Raulston Glasgow *Agnes Actie ; *Iain Charles Morley, KC ; *Iain Charles Morley, KC *Patrick Thompson Jr. (Nevis Circuit) ; *Cadie St. Rose- Albertini *Vivian Georgis Taylor-Alexander *Shawn Innocent *Kimberly Cenac-Phulgence *Rohan Phillip ; *Brian Cottle *Birnie Stephenson *Esco Henry *Angelica Teelucksingh ; *Richard Floyd *Gerhard Wallbank g.*Adrian Jack g.


Chief Justices


Location

The Headquarters of the ECSC is in
Castries Castries is the capital and largest city of Saint Lucia, an island country in the Caribbean. The urban area has a population of approximately 20,000, while the eponymous district has a population of 70,000, as at May 2013. The city stretches ...
,
Saint Lucia Saint Lucia ( acf, Sent Lisi, french: Sainte-Lucie) is an island country of the West Indies in the eastern Caribbean. The island was previously called Iouanalao and later Hewanorra, names given by the native Arawaks and Caribs, two Ameri ...
, where it is located on the second floor of the Heraldine Rock Building, Block B, on the Waterfront. The building houses the Justices of Appeal's chambers, the Court of Appeal Registry, the Judicial Education Institute, Library, and the Administrative Services. In addition, there are Court Offices in the nine Member States, which house the chambers of the High Court Judges and the offices of the High Court Registry. Each High Court Registry is headed by a legally trained Registrar who provides the necessary administrative and legal support for the functioning of the High Court.


See also

*
Organisation of Eastern Caribbean States The Organisation of Eastern Caribbean States (OECS; French: ''Organisation des États de la Caraïbe orientale'', OECO) is an inter-governmental organisation dedicated to economic harmonisation and integration, protection of human and legal ri ...
* Judicial Committee of the Privy Council (JCPC) * Caribbean Court of Justice


References


External links


Eastern Caribbean Supreme Court website
{{Organisation of Eastern Caribbean States (OECS) Organisation of Eastern Caribbean States Law in the Caribbean International supreme courts International courts and tribunals Courts and tribunals established in 1967 Law of Antigua and Barbuda Law of Dominica Law of Grenada Law of Saint Kitts and Nevis Law of Saint Lucia Law of Saint Vincent and the Grenadines Anguillan law British Virgin Islands law Montserratian law 1960s establishments in the Caribbean